The Freedom of Access to Clinic Entrances Act dates to 1994 and "prohibits the use or threat of force and physical obstruction that injures, intimidates, or interferes with a person seeking to obtain or provide reproductive health services," while also protecting those who "exercise the First Amendment right of religious freedom at a place of religious worship."
After Sunday's disruption at Cities Church in St. Paul, which included former CNN journalist Don Lemon documenting the events, many people and politicians have talked about how violators should be charged under the FACE Act.
Responding to this on American Family Radio (AFR)'s "Today's Issues" program, Jenna Ellis issued a word of caution.
"What I've said on my socials as well as my show is that we need to be really careful advocating for a law only when it appears to serve our interests and preferred outcomes," said Ellis, host of the Jenna Ellis in the Morning program. "Because for a long-time conservatives, AFA included, have been pushing Congress to repeal the FACE Act because of how it has targeted pro-life Christians."
Chip Roy, a House Republican from Texas, introduced legislation to repeal the FACE Act exactly one year ago today.
In June it passed from the House Judiciary Committee with a 13-10 party-line vote. One Republican, Rep. Tom McClintock of California, voted against it.
“Americans just spent the last four years being targeted by a weaponized justice system. The FACE Act was one of the primary weapons of abuse — being used to politically target, arrest, and jail pro-life Americans for speaking out and standing up for life,” Roy said when filing the bill.
The bill has not yet received a full House floor vote.
Ellis said there are other ways to bring charges.
For example, she pointed to U.S. Department of Justice Assistant Attorney General for Civil Rights Harmeet Dhillon as having mentioned using the Ku Klux Klan Act against Don Lemon and some of the other agitators.
Ellis said there are also state and federal statutes for obstruction and trespass.
"My caution would be conservatives still need to want to advocate to repeal that (FACE Act) because of how it's been abused."
